Landmark for justice system: 50 years since Gideon v. Wainwright

In this May 30, 2012 file photo, Chief Assistant Public Defender Bill Miller, left, reacts as his client, convicted murderer, Justin Soto gets fingerprinted. "I just care very very much for Justin. He has always been remorseful and he has always taken responsibility for what happened," Miller said at the time.

Doug Engle/Star-Banner

By Vishal PersaudStaff writer

Published: Thursday, March 14, 2013 at 2:58 p.m.

Last Modified: Thursday, March 14, 2013 at 2:58 p.m.

Monday marks the 50th anniversary of the landmark U.S. Supreme Court decision that established a prime tenet of the American criminal justice system:

"If you cannot afford to hire a lawyer, one will be appointed to represent you."

The decision in Gideon v. Wainwright established that fundamental right and expanded the nationwide public defender system that, according to recent reports, faces growing caseloads, slashed budgets, and diminishing resources.

"It's a good system. The only problem is that it's underfunded," said Bruce Jacob, now 77, the attorney who argued for the respondents before the Supreme Court in 1963.

These days, Jacob is a full-time professor at the Stetson University College of Law in Tampa.

Locally, the 5th Judicial Circuit recently got a new elected public defender: Mike Graves. He won election in August and replaced the retiring Howard "Skip" Babb Jr. With an $8.2 million budget for the current fiscal year, 90 percent of which goes to pay attorney salaries, Graves said he expects to face an upcoming "crunch" to get his office's fiscal 2014 budget settled.

On average, the attorneys in the Marion County Public Defender's Office have about 100 cases assigned to their dockets.

Since he took office and streamlined the office's approach to resolving cases, Graves said there has been an 8 percent decrease in the caseload compared to this time last year.

"We still have far too many cases throughout the circuit that are taking too long to resolve," he said.

The easier cases are being resolved more quickly, he said, but that leaves the list of more difficult and severe cases growing.

Still, the revamped system and a working relationship with the State Attorney's Office has given his attorneys more time to work on those difficult cases, Graves said.

"Almost without exception, I'm pleased with the way that we're moving cases in general," Graves said. "The lawyers are responding really well to my requests."

The Public Defender's Office and the State Attorney's Office both operate in the 5th Judicial Circuit, whose member counties are Marion, Lake, Sumter, Citrus and Hernando.

According to caseload statistics from the Florida Public Defenders Association, capital caseloads increased by 4 percent in the 2011 fiscal year. But overall, there was a 4 percent decrease in the number of new trial cases appointed and reopened.

A 2011 report from the Justice Policy Institute, a Washington, D.C.-based think-tank, found that only 27 percent of county-funded public defender offices have enough attorneys to meet federal caseload guidelines.

In 1961, Clarence Earl Gideon was remanded to the Florida State Prison for five years. He was accused of breaking into a Panama City pool hall and taking $65 in coins from a cigarette machine and record player. He also allegedly took several beers, sodas and some wine.

A Bay County circuit court judge denied Gideon's request for counsel to represent him at the time. The judge declared that the court only had the power to appoint counsel to defendants accused of capital offenses.

From his Florida prison cell, Gideon sent a handwritten note to the U.S. Supreme Court appealing his prison conviction, arguing that his Sixth Amendment rights to counsel had been violated under the due process clause of the Fourteenth Amendment.

Jacob, the attorney who argued against Gideon before the Supreme Court, said he agreed that all indigent defendants should have the right to counsel, and most people at the time agreed that he was going to lose the case.

"It was a very intimidating experience," Jacob said. "Questioning was very, very intense."

The crux of his argument concerned responsibility: Which government entity should be responsible for implementing the public defender system?

In Florida, the answer came from Tallahassee.

"In response to the U.S. Supreme Court's holding in Gideon, the Florida Legislature created the Florida Public Defender System, establishing an Office of the Public Defender for each of Florida's judicial circuits," reads an historical summary from the Hillsborough County Public Defender's Office.

In Florida, there is an elected public defender in all 20 judicial circuits. They represent clients accused of criminal charges, both misdemeanors and felonies, provided the client cannot afford legal representation.

<p>Monday marks the 50th anniversary of the landmark U.S. Supreme Court decision that established a prime tenet of the American criminal justice system:</p><p>"If you cannot afford to hire a lawyer, one will be appointed to represent you."</p><p>The decision in Gideon v. Wainwright established that fundamental right and expanded the nationwide public defender system that, according to recent reports, faces growing caseloads, slashed budgets, and diminishing resources.</p><p>"It's a good system. The only problem is that it's underfunded," said Bruce Jacob, now 77, the attorney who argued for the respondents before the Supreme Court in 1963.</p><p>These days, Jacob is a full-time professor at the Stetson University College of Law in Tampa.</p><p>Locally, the 5th Judicial Circuit recently got a new elected public defender: Mike Graves. He won election in August and replaced the retiring Howard "Skip" Babb Jr. With an $8.2 million budget for the current fiscal year, 90 percent of which goes to pay attorney salaries, Graves said he expects to face an upcoming "crunch" to get his office's fiscal 2014 budget settled.</p><p>On average, the attorneys in the Marion County Public Defender's Office have about 100 cases assigned to their dockets.</p><p>Since he took office and streamlined the office's approach to resolving cases, Graves said there has been an 8 percent decrease in the caseload compared to this time last year.</p><p>"We still have far too many cases throughout the circuit that are taking too long to resolve," he said.</p><p>The easier cases are being resolved more quickly, he said, but that leaves the list of more difficult and severe cases growing.</p><p>Still, the revamped system and a working relationship with the State Attorney's Office has given his attorneys more time to work on those difficult cases, Graves said.</p><p>"Almost without exception, I'm pleased with the way that we're moving cases in general," Graves said. "The lawyers are responding really well to my requests."</p><p>The Public Defender's Office and the State Attorney's Office both operate in the 5th Judicial Circuit, whose member counties are Marion, Lake, Sumter, Citrus and Hernando.</p><p>According to caseload statistics from the Florida Public Defenders Association, capital caseloads increased by 4 percent in the 2011 fiscal year. But overall, there was a 4 percent decrease in the number of new trial cases appointed and reopened.</p><p>A 2011 report from the Justice Policy Institute, a Washington, D.C.-based think-tank, found that only 27 percent of county-funded public defender offices have enough attorneys to meet federal caseload guidelines.</p><p>In 1961, Clarence Earl Gideon was remanded to the Florida State Prison for five years. He was accused of breaking into a Panama City pool hall and taking $65 in coins from a cigarette machine and record player. He also allegedly took several beers, sodas and some wine.</p><p>A Bay County circuit court judge denied Gideon's request for counsel to represent him at the time. The judge declared that the court only had the power to appoint counsel to defendants accused of capital offenses.</p><p>From his Florida prison cell, Gideon sent a handwritten note to the U.S. Supreme Court appealing his prison conviction, arguing that his Sixth Amendment rights to counsel had been violated under the due process clause of the Fourteenth Amendment.</p><p>Jacob, the attorney who argued against Gideon before the Supreme Court, said he agreed that all indigent defendants should have the right to counsel, and most people at the time agreed that he was going to lose the case.</p><p>"It was a very intimidating experience," Jacob said. "Questioning was very, very intense."</p><p>The crux of his argument concerned responsibility: Which government entity should be responsible for implementing the public defender system?</p><p>In Florida, the answer came from Tallahassee.</p><p>"In response to the U.S. Supreme Court's holding in Gideon, the Florida Legislature created the Florida Public Defender System, establishing an Office of the Public Defender for each of Florida's judicial circuits," reads an historical summary from the Hillsborough County Public Defender's Office.</p><p>In Florida, there is an elected public defender in all 20 judicial circuits. They represent clients accused of criminal charges, both misdemeanors and felonies, provided the client cannot afford legal representation.</p>